DATA PROTECTION STATEMENT FOR NEWSLETTER SERVICES
We want you to feel at home as a customer when using our services. Of course, this also means that you feel that you can trust us handling your data confidentially. Therefore, we would like to explain in the following text how we process your data. While those data protection statements are structured in a way that is compliant with the stipulations of Article 13 of the EU General Data Protection Regulation (GDPR), the most important thing for us is transparency and your trust. Consequently, if you still have questions after reading this , do not hesitate to contact us. You can contact our customer service at email@example.com and our data protection officer at datenschutz[at]esprit-friends.com.
I. First some general points
First, it’s important to know who “we” actually are. The responsible controller for processing your data is
Esprit Europe GmbH
With “your data”, we refer to any information which refer to you as identifiable natural person..
(The law in Article 4 . 1 GDPR specifically states the following:an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person).
II. What type of personal data we process
The type of personal data we process depends on the the type of service we render for you. Furthermore, we distinguish between Esprit Friends members and non-members.
1. For the personalized newsletter service to subscribers
a. If you subscribe to our newsletter, you surely want us to send you recommendations, offers and vouchers which are interesting to you. Therefore, our newsletters are tailored to your needs through what is known as “personalisation”.
To personalise the newsletter, we process the following data:
– Your email address, your name and
– Your master data, for example your place of residence, your gender and age as well as
– Information we gain through your shopping behaviour in our online shop or in our Esprit APP, what is known as usage data. Apart from items you have already purchased, this also includes items you viewed, put in your shopping cart or on your wish list, for example. Furthermore, the time you spent on our websites or our app, your usage behaviour and the page that referred you to our site are logged. These data is not processed together with your name, however. Instead, an ID number is used, or a pseudonym. This way, we ensure that this data can only be analysed automatically and not by our staff, which best safeguards your privacy.
The newsletter is ultimately personalised through segmenting. This means that we allocate certain purchasing habits and behavioural patterns to specific products which we then recommend in our newsletter. The type and scope of data we use for segmenting is subject to constant change.
b. Furthermore, we don’t want our newsletters to be a nuisance for you. We also care about how our newsletters are received by you. Therefore, we also track whether you open our newsletters and what you are interested in specifically, i.e. what you clicked on. This information is also only collected in pseudonymised form to safeguard your privacy in the best possible way. In future, we want to individually increase or decrease the number of newsletters we send to you based on this data depending on whether or to what extent you find our newsletter interesting.
c. If you are an Esprit Friends member, we also process the data we collect during the Esprit Friends programme. This data is in particular:
– Esprit Friends registration data
– Data on purchases and loyalty points
Preferences regarding email and mailing of advertising
– Product interests expressed in the online shop and the Esprit app as well as
– Usage data collected in the e-shop and the Esprit app
This processing also serves to ensure that the newsletter is as relevant for you as possible and contains suitable offers.
d. The personalised newsletter is sent to you only if you actively subscribe to it, thus actively give consent (legally, this is defined under Article 6(1) lit. a GDPR). To make sure that we send the newsletter to the right address, we send you a confirmation email asking you to confirm the newsletter subscription once more before it begins. You can subscribe to our newsletter here.
We checked whether our tracking of newsletter usage data (see letter b) violates your right to privacy. However, since we process this data without being able to attribute it to you as a person, your privacy is safeguarded. Therefore, we have legitimate interest in processing this data (legally, this is defined under Article 6(1) lit. f GDPR). However, if you nevertheless do not want us to process this data, you can object to our processing in an informal way and free of charge. This is best done by writing an email to firstname.lastname@example.org. ATTENTION: As our newsletters are always personalised, we can only comply with your objection by no longer sending you any newsletters.
2. For the personalised newsletter service to existing customers
a. When you buy something in our online shop, we want to give you suitable recommendations regarding similar products by sending you our customised personal newsletter for existing customers. For this newsletter, we process
– Your email address, your name and your purchased items.
b. We also don’t want the newsletters to existing customers to be a nuisance to them. We are also interested in whether the products we recommend are interesting to you. Therefore, we also track here whether you open our newsletters and what you are interested in specifically, i.e. what you clicked on. This information is only collected in pseudonymised form to safeguard your privacy in the best possible way. In future, we also want to individually increase or decrease the number of newsletters we send to you here based on this data depending on whether or to what extent you find our newsletter interesting.
c. The probability of you liking products that are similar to the ones you already bought is of course particularly high. Therefore, we have a legitimate interest in sending you newsletters with such similar products (legally, this is defined in Article 6(1) lit. f GDPR and Article 7(3) UWG – Law against unfair competition). It may be that you don’t want this to happen. Therefore, you can of course object to the sending of this newsletter in an informal way and free of charge. This is best done by writing a short email to email@example.com. Following your objection, you will no longer receive newsletters for existing customers.
3. For our feedback enquiries
a. It is our goal to continually improve. Consequently, your opinion regarding our products and service is of course highly relevant to us. If you bought something from us, we will send you an enquiry asking you to give feedback regarding your shopping experience. The feedback enquiry also contains recommendations and offers as well as vouchers which are intended to spark your interest. In order to send you the feedback enquiry, we process the same data like for our personalised subscriber newsletter (see above). Of course, giving feedback is voluntary. Your feedback is in principle stored in our system in anonymised form. If this is not possible for a specific matter connected with it, we anonymise your feedback as soon as we have been able to clarify your enquiry. You can also demand before at any time that we delete your feedback.
b. With feedback enquiries as well, we track whether you opened them and what you clicked on. This is also done to enable us to only send you relevant newsletters.
c. You will only receive a feedback enquiry if you give your consent. The consent for the feedback enquiry is connected to the newsletter consent.
Here, we also have a legitimate interest to track your user behaviour regarding the feedback enquiry (legally, this is defined in Article 6 (1) lit. f GDPR). However, if you do not want us to process this data, you can object to our processing in an informal way and free of charge. This is best done by writing an email to firstname.lastname@example.org.
4. For our availability reminder
a. In our online shop, we give you the opportunity to register for an email availability reminder for products that are currently not available in the requested size. As soon as the requested item is available again, we will notify you by email. For this, we process your email address and the information which item and size you request.
If you subscribed to our personalised newsletter service, the availability reminder also contains recommendations, offers and vouchers tailored to your preferences. If you are interested in what this precisely entails, you can re-read the section above. It is identical to our newsletter subscription.
b. The availability reminder is sent to you only if you actively subscribe to it, thus actively give consent (legally, this is defined under Article 6(1) lit. a GDPR).
III. With whom we will share your data
We have engaged service providers, who will have access to your data as data processors and who will process this data for purposes we have specifically defined. These data processors may be marketing service providers, website hosting service providers, IT support service providers or website analysis service providers. Our service providers include:
– Arvato SCM Solutions, An der Autobahn 22, 33333 Gütersloh, Germany – operation of the Esprit Online Shop
– Defacto GmbH, Am Pestalozziring 1-2, 91058 Erlangen, Germany – operation of the Esprit Friends customer card programme
– Prudsys AG, Zwickauer Str. 16, 09112 Chemnitz, Germany – generation of product recommendations in the online shop and in the Esprit newsletter
– Salesforce.com GmbH, Erika-Mann-Str. 31-37, 80636 Munich, Germany – operation of the distribution system for e-mail and push notifications.
IV. Retention periods
Data we saved based on your consent are deleted once you revoke your consent. Data we process based on a legitimate interest are saved until the legitimate interest for retention is no longer applicable.
V. Your privacy rights
If you want to know which data we store about you, or if we should delete or correct data,feel free to contact us. We will immediately review your enquiry.
Specifically, you have the following rights if the legal requirements are met:
• The right to revoke consent: If you gave your consent for the processing of certain data types, you can revoke your consent at any time with effect for the future. However, this revocation does not affect the lawfulness of processing prior to your revocation of consent.
• Right of access: You have the right to access the data we store about you, according to stipulations defined in Article 15 GDPR.
• Right to rectification: Upon your request, we will rectify data stored about you, if it is inaccurate, incomplete or erroneous.
• Right to erasure: Upon your request, we will delete your data based on the principles defined in Article 17 GDPR, provided that other legal regulations, for example statutory retention obligations or an overarching interest of ours (for instance to assert and defend rights and claims) do not stand against this.
• Right to restriction of processing: Under consideration of prerequisites defined in Article 18 GDPR, you can demand the restriction of data processing.
• Right to object: Furthermore, you can object to the processing of your data in accordance with Article 21 GDPR. This right to object can be asserted under certain circumstances, which may arise due to your specific situation. This applies only to data processing the lawfulness of which is based on a contemplation of interests related to profiling or direct advertising. In this case, we will no longer process your data, unless it is our legal right to reject the objection. If you object to direct marketing including profiling, however, we will no longer process your data for these purposes without you having to give any reasons.
• Right to portability: You also have the right to receive your data in a structured, common and machine-readable format or to have them transmitted to third parties in accordance with the regulations defined in Article 20 GDPR.
• Lodging a complaint with data protection authorities: Furthermore, you have the right to lodge a complaint with the competent data protection authority (Art. 77 GDPR). However, we recommend initially lodging a complaint with our data protection officer (email@example.com) so that we can resolve your matter as quickly as possible and in a customer-focused way.
You can assert all your rights by referring to the contact data stated right at the beginning.